This is part 4 of a 5-part article. Read Part 1 Here Read Part 2 Here Read Part 3 Here Read Part 4 Here Thus far, I have proposed a specific solution to a specific problem. This trend towards federalism, and the opportunity it provides jurists and scholars to empower mediating entities gives me hope for a unified America. But I … [Read more...]
Changing Lanes, Part 4: The New Federalism
April 23, 2010 by Leave a Comment
This is part 4 of a 5-part article. Read Part 1 Here Read Part 2 Here Read Part 3 Here But there is hope. Some of the institutional safeguards compromised away, such as federalism and the Tenth Amendment, are making a comeback in modern Supreme Court jurisprudence. Supreme Court decisions over the last decade have again invoked the … [Read more...]
Changing Lanes, Part 3: The Historical, Jurisprudential Shift To Individualism
April 22, 2010 by 1 Comment
This is part 3 of a 5-part article. Read Part 1 Here Read Part 2 Here Mediating entities are the glue that holds society together. For Tocqueville, the “intellectual and moral associations” provided by these mediating entities were so important that “nothing . . . more deserve[d] attention.” How then did we get to the point in modern … [Read more...]
Changing Lanes, Part 2: Mediating Entities
April 21, 2010 by 2 Comments
This is part 2 of a 5-part article. Read Part 1 Here So what are "mediating entities" and why are they essential to a free society? The word mediate comes from the Latin mediare, which means “to be in the middle.” A mediator is one who stands in the middle of a dispute to help the parties find a common-ground resolution to the … [Read more...]
Changing Lanes: Circumventing Individualism Through Jurisprudential Policy, Part 1
April 20, 2010 by 4 Comments
This is part 1 of a 5-part article. The National Platform of the Libertarian Party defends the view that “all individuals have the right to exercise sole dominion over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live in whatever manner … [Read more...]
